BEGINNING JULY 1, 2021 Beginning July 1, 2021, many California residents who are required to register as sex offenders under Penal Code section 290 will be relieved of the lifetime registration requirement. Who is eligible? Tier 1 and Tier 2 offenders. Tier One offenders include those who were convicted…
California Criminal Defense Lawyer Blog
Possession of Controlled Substance For Sale
SIXTEEN YEARS AGO HE STOOD BEFORE THE JUDGE AS A CONVICTED DRUG DEALER, NOW HE STANDS BEFORE THE SAME JUDGE TO BE SWORN IN AS AN ATTORNEY. Being a criminal defense attorney in Orange County can be tough and demanding work. I know that every one of my clients is…
EVIDENCE IN A CRIMINAL TRIAL
A criminal trial is all about the evidence. It is the backbone of the prosecution’s case. Evidence of a crime is most often circumstantial. It is unusual for the police and prosecutors to have direct evidence of the crime, especially in those cases that go to trial. Direct evidence is…
DINE AND DASH IN THE AGE OF COVID
It has been almost a year now since restaurants in California have been forced to close all or part of their dining facilities. For many small restauranteurs, the take-out business has kept them afloat…. but barely. Most Californians are sympathetic to the plight of the small restauranteur and many of…
DIGITAL VEHICLE FORENSICS USED TO HELP SOLVE CRIMES
You may not know that your vehicle records and stores a large assortment of time stamped data that can range from the opening and closing of the vehicle’s doors, the speed at which the vehicle was driving at any given date and time, voice commands stored in the onboard bluetooth…
NEW LAW MAY END MANY MISDEMEANOR PROSECUTIONS IN CALIFORNIA
The California Legislature had a busy year in 2020 as it concerns criminal laws. Several significant changes in criminal law will go into effect at the beginning of 2021. I will discuss some of those changes in future blogs but for this post, I want to focus on AB-3234.…
CRIMES AND CLEARANCE RATES IN CALIFORNIA—A LOOK AT THE STATISTICAL RECORD
The California Department of Justice makes crime statistics available to the public that can be an interesting read for a legal nerd such as myself. Even if you aren’t a legal nerd, I think you might find the data noteworthy. In the “Crimes & Clearances” statistics, we can see…
LAPD OFFICERS CHARGED WITH FALSIFYING FIELD IDENTIFICATION CARDS
When police officers encounter an individual, whether as a result of a traffic stop, arrest for suspicion of a crime, even just a detention based on a suspicion, or other encounters, the officer may complete what is called a field interview card on the individual. These cards are most often…
THE CLEAN SLATE ACT OFFERS CRIMINAL HISTORY RECORD RELIEF TO MANY CALIFORNIANS
In California, there are statutory procedures that offer criminal record relief, most commonly through one of the following: Petition for Dismissal (Expungement): A person who was previously convicted of an qualifying misdemeanor or felony, and who has successfully completed their sentence, is usually eligible to petition the court to…
MIRANDA AND THE FIFTH AMENDMENT
The Fifth Amendment right against self-incrimination is among one of our most important and well-known rights. That clause states: “No person . . . shall be compelled in any criminal case to be a witness against himself.” Sounds simple enough but understanding how the courts have interpreted this right…